Time: Fri Nov 08 04:58:34 1996 To: "Carolyn D. Hart" <cdhart@smartnet.net> From: Paul Andrew Mitchell [address in tool bar] Subject: take the high ground NOW!! Cc: Bcc: >Date: Thu, 07 Nov 1996 16:36:32 >From: Paul Andrew Mitchell [address in tool bar] >Subject: take the high ground NOW!! > >>Date: Thu, 07 Nov 1996 06:50:40 >>From: Paul Andrew Mitchell [address in tool bar] >>Subject: take the high ground NOW!! >> >>>Date: Thu, 07 Nov 1996 06:04:31 >>>To: Nancy Lord >>>From: Paul Andrew Mitchell [address in tool bar] >>>Subject: take the high ground NOW!! >>> >>>Starr v. United States et al., DCUS >>>Application for Order to Show Cause >>> >>>Dear Nancy & Althea, >>> >>>The exact same thing happened in U.S.A. v. Wallens. >>>Here is the sequence I now recommend. We must >>>stay the course, however; flinching will >>>scuttle this plan: >>> >>>Step 1: file challenge to Jury Selection and Service >>>Act; this can be used to prove that the grand and >>>trial juries were not legal bodies. judge will probably >>>freak out, or balk. >>> >>>Step 2: if judge denies the motion to stay, pending >>>final resolution of challenge to constitutionality >>>of JSSA, petition for reconsideration and possibly >>>also clarification >>> >>>Step 3: reserve your right to refuse any ORDER on >>>this question for fraud and other causes; you must >>>do this within 5 days of any ORDER >>> >>>Step 4: if judge does not rule, go to Circuit Court >>>of Appeals for a Mandamus to compel him to rule >>> >>>Step 5: file Final Notice and Demand for proof of >>>Power (of attorney), Standing (of "United States of >>>America"), and Jurisdiction (of USDC), with 10-day >>>deadline; this will setup estoppel if they default. >>> >>>Step 6: with Step 5, file FOIA request for published >>>regulations promulgating 18 USC 3231 (there are none); >>>this invokes the DCUS. See 5 USC 552(a)(4)(B). Also >>>request powers of attorney for Office of U.S. Attorney >>>to represent plaintiff USA. Also request all Acts of >>>Congress granting standing to USA; there is none. >>> >>>Step 7: the petition for clarification should point out >>>that JSSA makes no mention of the USDC, so this is >>>how you activate the collateral attack. Congress has >>>no policy for jury selection and service in the USDC! >>> >>>Step 8: when they default beyond deadline for Notice and >>>Demand for Proof of Power, Standing, and Jurisdiction, >>>file Notice of Removal and of Petition for Warrant of >>>Removal to 3-Judge Panel in the DCUS; you will petition >>>that court for TRO and permanent injunction to force a >>>stay, for lack of criminal jurisdiction in the USDC. >>> >>>Step 9: at this point, beginning with the removal >>>petition, switch parties: defendants become the new >>>plaintiffs; United States et al. become the respondents; >>>use the same docket number, but remove "CR" because that >>>is a fraud (USDC has no criminal jurisdiction, which you >>>will establish via equitable estoppel); if Clerk balks, >>>pay for a new docket number (don't make trouble here). >>> >>>Step 10: there is currently no federal judge who is >>>competent or qualified to sit on the DCUS, because they >>>are all paying federal income taxes on their compensation; >>>so, file Notice and Demand on the Chief Judge of the >>>Circuit Court of Appeals for a Certificate of Necessity >>>to be served upon the Chief Justice of the Supreme Court >>>of the United States for Temporary Assignment of 3 judges >>>from the Court of International Trade (an Article III >>>forum) to Preside on the DCUS. This is your big move; >>>Ninth Circuit has docketed Wallen's Notice and Demand >>>as a Mandamus. >>> >>>Step 11: execute and file an Affidavit of Non-Waiver of >>>Extradition, because the defendants were unlawfully >>>extradited into a foreign jurisdiction (the territorial >>>USDC court) without an express waiver, in violation of >>>the Tenth Amendment; give the other side a tight >>>deadline to rebut, and invoke estoppel by acquiescence >>>if they fall silent (they will). >>> >>>Step 12: petition the DCUS for an Order to the Office of >>>the United Attorney to show cause why its alleged agents >>>should not be charged with a laundry list of federal >>>crimes, such as piracy, extortion, perjury, and so on. >>>Import state law to show that they also violated numerous >>>state laws, e.g. trespass, entrapment, etc. USDC judge >>>become a respondent, so he is automatically recused from >>>the criminal action. This is a warning also to any >>>replacement that may be assigned to the USDC case: >>>if s/he steps in, s/he is a new respondent. >>> >>>Step 13: the petition for OSC must demand a trial by competent >>>and qualified jury, so re-file the jury challenge in the >>>new court, because you want real relief from that court, >>>including declaratory judgment on probable cause for >>>charging all federal employees with the laundry list >>>mentioned in 12. See the All Writs Statute for ideas. >>> >>>Step 14: this is the big one (which I have not done yet); >>>if Circuit Court does not prepare the certificate of necessity >>>to be served on Rehnquist, then Mandamus will lie in the >>>Supreme Court of the United States to compel them to prepare >>>it. >>> >>>Step 15: quite obviously, if the certificate of necessity >>>is finally prepared, with or without Mandamus to the the >>>Circuit Court, you are then waiting on Rehnquist to act; >>>if he does not, Mandamus will lie in the Supreme Court of >>>the United States again to compel him; he recuses himself >>>as a respondent, and you go with a quorum of 8 judges, or >>>7 to create a stable voting block (6 is the legal minimum >>>for a quorum; see Title 28). >>> >>>Step 16: if all of this fails, two international human >>>rights treaties guarantee effective judicial remedies >>>for violations of fundamental Rights, notwithstanding that >>>the violations were committed by persons acting in their >>>official capacities; Congress reserved to the localities >>>standing to compel the United States to provide effective >>>judicial remedies; you have the option, then, to remove >>>the action to a local common law court, where you will >>>probably get justice, at last. File FOIA now for the >>>Reservations which Congress attached to the human rights >>>treaties; these are archived in the State Department. >>> >>>Step 17: at an appropriate moment in this sequence, >>>a Habeas Corpus petition will lie, but it would be best >>>to get such relief from the DCUS, so you are on better >>>grounds to stay the court with the Certificate of >>>Necessity for Temporary Assignment of 3 competent and >>>qualified judges, so you will then have a panel to >>>rule on the Habeas Corpus. But, it is not absolutely >>>necessary that the Habeas Corpus be filed in the DCUS; >>>you could also file it with the Circuit Court of >>>Appeals (since they have authority over the USDC judge). >>> >>> >>>I am standing by. This will give everyone lots of hope. >>>These moves are very powerful, however, so we don't >>>need or want wimps to take these on. The United States >>>will begin to act very strangely when these briefs >>>start to flow, so get ready for the unexpected. One >>>judge freaked out and made some really stupid rulings, >>>e.g. the affidavit is hearsay, and the decisions of the >>>U.S. Supreme Court have no legal significance. Yes!! >>>Another judge just fell totally silent in the face of >>>the jury challenge. Silence is victory; remember that!! >>> >>>I can send you copies of almost all of these moves, >>>except the Mandamus to the Circuit Court, and the >>>Mandamus to Rehnquist. I trust that you can write >>>that yourself. >>> >>>/s/ Paul Mitchell >>> >>> >> >
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